The division of the debts of a failed marriage, however carefully crafted at divorce, can be utterly destroyed if one of the former spouses files a Chapter 13 bankruptcy. A Chapter 13 discharge is double barreled. It will eliminate the debts that the filing spouse owes to creditors. It also wipes out any obligation to the […]
Bankruptcy And Divorce Collide: The Revenge Filing
My soon-to-be ex threatens to file a bankruptcy tomorrow and get me kicked out of the house. The frantic voice on the phone wanted to know whether he could do that in California. Or better, how he could be stopped from upsetting the pending divorce through the bankruptcy courts. Welcome to the volatile collision between bankruptcy and […]
Same Sex Couples No Different In Bankruptcy
Same sex couples encounter financial troubles no differently than heterosexual couples. We live in “interesting” times as bankruptcy courts feel their way through the collision between California’s state laws on domestic partnerships and married same sex couples and the federal law found (and now ignored) in DOMA. Lead by judges in the Central District […]
